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2021 (12) TMI 990 - MADRAS HIGH COURTDeduction u/s 80HHC - quantification of deduction - HELD THAT:- It cannot be disputed by the Revenue that the decision of the Division Bench of this Court in the case of P.R.Prabhakar [2004 (5) TMI 26 - MADRAS HIGH COURT] was reversed by the Hon'ble Supreme Court in the case of P.R.Prabhakar v. Commissioner of Income Tax, Coimbatore [2006 (7) TMI 121 - SUPREME COURT], wherein, the Court held that the Commission is also to be considered for determining the deduction under Section 80HHC Accordingly, this appeal filed by the assessee is allowed and the order passed by the Tribunal AND the order passed by the CIT(A), are set aside, insofar as it pertains to the issue under consideration, namely, the interpretation of Section 80HHC(3) and restricting the relief under the said provision. Assessing Officer is directed to afford an opportunity of personal hearing to the authorised representative of the assessee and apply the decision of the Hon'ble Supreme Court as mentioned above and re-do the assessment on the said aspect, in accordance with law.
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